Section
96.01 Definitions
96.02 Sale to minors; prohibitions and misrepresentations
96.03 (Reserved)
96.04 Open container prohibited; consumption in a motor vehicle
96.05 Posting of card
96.06 Good faith acceptances of spurious identification
96.07 Permit required
96.08 Special permits
96.09 Hours of sale or consumption
96.99 Penalty
Cross-reference:
For classification of civil offenses and related proceedings, see Chapter 38
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol.
AT RETAIL. For use or consumption by the purchaser and not for resale.
BEER.
(1) Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more of alcohol by volume.
(2) Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this code, the Ohio Revised Code, or any rules adopted under it.
CIDER. All liquids that are fit to use for beverage purposes that contain .5% of alcohol by weight, and that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple mush.
CLUB. A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part of a permanent building operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
COMMUNITY FACILITY. Either of the following:
(1) Any convention, sports or entertainment facility or complex, or any combination of these, that is used by or accessible to the general public and that is owned or operated in whole or in part by the state, a state agency, or a political subdivision of the state or that is leased from, or located on property owned by or leased from, the state, a state agency, a political subdivision of the state, or a convention facilities authority created pursuant to R.C. § 351.02.
(2) An area designated as a community entertainment district pursuant to R.C. § 4301.80.
CONTROLLED ACCESS ALCOHOL AND BEVERAGE CABINET. A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device that requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
HOTEL. The same meaning as in R.C. § 3731.01, subject to the exceptions mentioned in R.C. § 3731.03.
INTOXICATING LIQUOR
and
LIQUOR.
All liquids and compounds, other than beer, containing .5% or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called, and whether they are medicated, proprietary, or patented.
INTOXICATING
LIQUOR
and
LIQUOR
include cider and alcohol, and all solids and confections which contain 0.5% or more of alcohol by volume.
LOW-ALCOHOL BEVERAGE. Any brewed or fermented malt product, or any product made from the fermented juices of grapes, fruits, or other agricultural products, that contains either no alcohol or less than one-half of one per cent of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer or ginger beer.
MANUFACTURE. All processes by which intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
MANUFACTURER. Any person engaged in the business of manufacturing intoxicating liquor.
MIXED BEVERAGES. Include bottled and prepared cordials, cocktails, highballs, and solids and confections that are obtained by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than 1.5% of alcohol by volume and not more than 21% of alcohol by volume. The phrase includes the contents of a pod.
NIGHTCLUB. A place operated for profit, where food is served for consumption on the premises, and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons.
PERSON. Includes firms and corporations.
PHARMACY. An establishment as defined in R.C. § 4729.01, that is under the management or control of a licensed pharmacist in accordance with R.C. § 4729.27.
POD. Means a sealed capsule made from plastic, glass, aluminum, or a combination thereof to which all of the following apply:
(1) The capsule contains intoxicating liquor of more than 21% of alcohol by volume.
(2) The capsule also contains a concentrated flavoring mixture.
(3) The contents of the capsule are not readily accessible or intended for consumption unless certain manufacturer’s processing instructions are followed.
(4) The instructions include releasing the contents of the capsule through a machine specifically designed to process the contents.
(5) After being properly processed according to the manufacturer’s instructions, the final product produced from the capsule contains not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume.
RESTAURANT. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. RESTAURANT does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
SALE and SELL. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to R.C. § 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the division of liquor control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until he or she has been registered with the division pursuant to R.C. § 4303.25.
SALES AREA OR TERRITORY. An exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. SALES AREA OR TERRITORY does not include, however, any particular retail location in an exclusive geographic area or territory that had been assigned to another A or B permit holder before April 9, 2001.
SEALED CONTAINER. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
SPIRITUOUS LIQUOR. All intoxicating liquors containing more than 21% of alcohol by volume.
VEHICLE. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
WHOLESALE DISTRIBUTOR and DISTRIBUTOR. A person engaged in the business of selling to retail dealers for purposes of resale.
WINE. All liquids fit to use for beverage purposes containing not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume, that is made from the fermented juices of grapes, fruits, or other agricultural products. The term includes cider, except as used in R.C. §§ 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44, and, for purposes of determining the rate of the tax that applies, R.C. § 4301.43(B), the term does not include cider.
(ORC §§ 4301.01, 4301.244)
(1980 Code, § 96.01) (Ord. 3071, passed 1-3-1974)
(A) No person shall sell beer or intoxicating liquor to a person under the age of 21, or buy beer or intoxicating liquor for, or furnish it to, a person under the age of 21, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the person under 21 years is accompanied by a parent, spouse who is not under the age of 21, or legal guardian.
(B) No person shall knowingly furnish any false information as to the name, age or other identification of any person under 21 years of age, for the purpose of obtaining, or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase or by gift.
(C) No person under the age of 21 years shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this municipality where beer or intoxicating liquor is sold under a permit issued by the Department of Liquor Control or sold by the Department of Liquor Control.
(D) No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this section against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice or given for established religious purposes.
(E) Whoever violates division (A) or (C) hereof, is guilty of a misdemeanor of the first degree.
(F) (1) Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree. If, in committing a first violation of that section, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license issued by any state which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $250 and not more than $1,000, and may be sentenced to a term of imprisonment of not more than six months.
(2) On a second violation in which, for the second time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000 and may be sentenced to a term of imprisonment of not more than six months, the court also may suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period not exceeding 60 days.
(3) On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a drivers license issued by any state which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. The court also shall suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege or deny the offender, the opportunity to be issued a driver's or commercial driver's license for a period of 90 days, and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court also may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
(G) Whoever violates division (D) of this section is guilty of a misdemeanor of the third degree. If an offender who violates division (D) of this section was under the age of 18 years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit or probationary driver's license for a period of not less than six months and not more than one year. If the offender is 15 years and six months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.
(1980 Code, § 96.02) (Ord. 4908, passed 6-6-1988; Am. Ord. 5044, passed 7-3-1989; Am. Ord. 5137, passed 3-19-1990; Am. Ord. 5215, passed 10-15-1990; Am. Ord. 5263, passed 3-4-1991; Am. Ord. 7781, passed 6-2-2008; Am. Ord. 9112, passed 8-7-2023)
Penalty, see § 96.99
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